# COMAR Title 10 — Maryland Department of Health

## Subtitle 63 — Community-Based Behavioral Health Programs and Services

### Chapter 01 — Requirements for All Licensed Programs

#### Regulation .04 Exempt Providers.

*COMAR 10.63.01.04*

A. In accordance with Health-General Article, §7.5-401, Annotated Code of Maryland, the following providers are exempt from the requirements of, and are not required to be licensed under, this subtitle:

  (1) Except as provided in §B of this regulation:

    (a) A health professional, in either a solo practice or group practice, who is licensed under the Health Occupations Article; and

    (b) Is providing services in accordance with the requirements of the appropriate professional board;

  (2) Alcoholics Anonymous;

  (3) Narcotics Anonymous;

  (4) Recovery residences;

  (5) Peer support services;

  (6) Family-provided support services;

  (7) An employees’ assistance program of a business entity;

  (8) Outpatient behavioral health treatment and rehabilitation services provided in regulated space of a hospital, as defined in Health-General Article, §19-301, Annotated Code of Maryland, if the hospital is accredited by an approved accreditation organization under the accreditation organization’s behavioral health standards; and

  (9) A therapeutic group home authorized under:

    (a) Health-General Article, §§10-920 — 10-923, Annotated Code of Maryland;

    (b) COMAR 10.21.07; and

    (c) COMAR 14.31.05 — 14.31.07;

B. Notwithstanding the provisions of §A of this regulation, a provider shall have a valid and current license under this subtitle in order to provide the following services:

  (1) DUI education programs as described in COMAR 10.63.05.05; and

  (2) Substance-related disorder programs as described in COMAR 10.63.03.11 — .14.

C. The Department may exempt a program from the requirements of this subtitle:

  (1) If the program:

    (a) Is a pilot project;

    (b) Is a federal or State demonstration project; or

    (c) Does not fall within any of the program descriptions set out in:

      (i) COMAR 10.63.03;

      (ii) COMAR 10.63.04; or

      (iii) COMAR 10.63.05; and

  (2) If the program demonstrates to the satisfaction of the Department that it is subject to:

    (a) Contractual provisions;

    (b) Conditions of grant award; or

    (c) Other requirements that are comparable to the regulations in this subtitle.